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Whether you were able to agree on a child custody arrangement or needed a judge to step in and render a decision, you must have a plan in place that accounts for where your children will live and how often they can visit their noncustodial parent. Once a plan is in place, both parents must comply with it. However, children can be unpredictable and do not always cooperate. If your children refuse to visit their other parent, you might find yourself in some legal trouble, so it is crucial to understand what steps you must take to avoid facing such a predicament.
The Importance of Facilitating Visitation
Parents must make their children reasonably available for visits. If certain circumstances, such as illness, prevent a visit, the other parent must be notified as soon as possible and another visit must be scheduled to make up for lost parenting time. If the children are simply refusing to visit their other parent, however, this situation might be trickier to navigate. Children should never be forced to do anything, but failing to make a reasonable effort to ensure your co-parent’s right to visitation is upheld can lead to contempt charges.
To avoid facing legal troubles, document the details of these incidents and inform your co-parent. Place some of the responsibility on your co-parent by asking him or her to speak to the children in person and find out why they are refusing visits. If you are concerned about your children’s wellbeing and believe they are refusing visitation because your former spouse’s home environment is abusive or unsafe, contact your child custody attorney as soon as possible.
Unless you believe your child is in danger, however, you must prove to a judge that you are doing everything possible to facilitate scheduled visitations with your children and their other parent. Otherwise, your co-parent could file an Order to Show Cause and accuse you of preventing visits. Although judges are often sympathetic in cases involving teenagers since they are able to exercise more control than younger children, you could be found in contempt of court if a judge believes you are the one keeping your children from visiting their other parent.
Discuss the Details of Your Case with an Experienced Child Custody Attorney!
If your child is refusing visitation, we understand how stressful this situation can be. You are probably concerned about the reasoning behind their refusal and worried about getting into trouble with the court. At Mitchell & West LLC, our child custody attorneys are backed by more than a hundred years of combined legal experience and a history of proven success. You can trust that our dedicated team of attorneys to provide the knowledgeable guidance you need to navigate this delicate situation.
Get started on your case today and reach out to our law firm at (305) 783-3301 to speak to one of our experienced child custody attorneys. Our staff is also fluent in Spanish.